By: Lisanne L. Mikula, Esquire
LMikula@dioriosereni.com
As summer vacation approaches, many teens look forward to obtaining a summer job to gain “real-life” experience and earn some cash before heading back to the books in September. There are a number of important requirements regarding working conditions, however, those young workers, their parents/guardians, and employers need to keep in mind before that first paycheck arrives.
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Pennsylvania’s Child Labor Law sets forth specific restrictions relating to the employment of minors (i.e., individuals under the age of 18), although minors who babysit or perform minor chores in the private home of an employer are exempt from the provisions of the Child Labor Law.
Generally, children under the age of 14 may not be employed in any occupation, with the following exceptions:
- Children aged 12 – 14 may work as a golf caddy, but may carry only one golf bag and not for any longer than 18 holes in one day.
- Children who are at least 11 years old may deliver newspapers
Hours of Work and Work Time Limitations
Rest periods. While Pennsylvania employers are not generally required to provide rest periods, employees under the age of 18 who work more than 5 continuous hours must be provided with an uninterrupted rest period of at least 30 minutes. Breaks consisting of less than 30 minutes must be counted as part of a minor’s “continuous hours” of work for purposes of determining entitlement to the 30 minute rest period.
Number of work days. With the exception of minors engaged in delivering newspapers, minors are prohibited from working more than 6 consecutive days.
Hours of work. These vary depending on the age of the minor.
For minors under the age of 16, the following restrictions apply:
- During the regular school week, minors under the age of 16 may only work a maximum of 3 hours on a school day and 8 hours on weekends. The minor may not work in excess of 18 hours in a school week. Work must not interfere with school attendance.
- During school vacations, minors under the age of 16 may work a maximum of 8 hours per day, and no more than 40 hours per week.
- Minors under the age of 16 may only work between the hours of 7 a.m. and 7 p.m. during the school term; during school vacations, minors may work until 9 p.m. There is an exception for newspaper delivery workers-they may work between the hours of 5 a.m. and 8 p.m., and during school vacations, they may work until 9 p.m.
For minors who are 16 or 17 years old, the following rules apply:
- During a regular school week, minors who are 16 years of age or older may not work for more than 8 hours in a single day or more than 28 hours per week. Work must not interfere with school attendance.
- During school vacations, minors who are 16 years of age or older may work no more than 10 hours a day; however, they may not work more than 48 hours in a single week, and any hours over 44 in a single week must be voluntarily agreed to by the minor.
- Minors older than 16 may not work before 6 a.m. or after 12 a.m. during a regular school week; during school vacations, they may work until 1 a.m.
- The restrictions on number of hours and timeframes of hours do not apply to minors who are high school graduates or those who are 16 or older and who have withdrawn from school to work full-time.
Place and type of employment. In addition to certain restrictions applicable to minors working in the entertainment industry or involved in volunteer emergency services and firefighting, minors are prohibited from certain types of employment, including:
- Establishments where alcohol is dispensed, sold or produced, except:
- Minors who are under 16 years of age may work at continuing care retirement communities or entertainment venues such as ski resorts, golf courses, amusement parks and similar venues as long as the minors do not handle or serve alcoholic beverages and are not employed in the areas where alcoholic beverages are served or stored.
- Minors who are at least 16 years old may also serve food, clear tables, and perform related tasks in hotels, clubs or restaurants that have a valid permit for Sunday sales issued by the Pennsylvania Liquor Control Board and the minor’s duties do not include dispensing or serving alcoholic beverages.
- “Youth peddling”-minors under 16 years of age are not permitted to engage in the selling or promotion of goods or services to customers other than on the premises of the employer’s establishment.
- Occupations designated as “hazardous” by state or federal law, or as otherwise prohibited under the federal Fair Labor Standards Act.
Required records and notifications. There are a number of important recordkeeping and notification requirements under the Child Labor Law as well as the Pennsylvania School Code.
- In order to work, the minor must produce to the employer a valid work permit from the school district in which the minor resides. The type of work permit varies depending on the age of the minor. Many school districts include on their websites information regarding how to obtain a work permit.
- If a minor is under age 16, the employer cannot allow the minor to work until the employer obtains a written statement from the minor’s parent/guardian which reflects an understanding of the minor’s duties and hours and expressly grants permission for the minor to work.
- Within 5 days of the minor’s commencement of work-and within 5 days after the termination of a minor’s work-the employer must provide written notice to the school district which issued the minor’s work permit.
- In a conspicuous place, the employer must post an abstract, in a form approved by the Department of Labor and Industry, which sets forth the fundamental requirements of the Child Labor Law.
- The employer must also maintain at the place of employment a list of all employed minors, the detailed schedule for each minor worker (including breaks), and copies of each minor’s work permit and any required parental authorization.
One final note, just as with adult employees, employers must be careful to adhere to the provisions of the federal and state wage and hour laws regarding payment of minimum wage, overtime, and posting and recordkeeping requirements for all minor workers.
The attorneys at the Law Firm of DiOrio & Sereni, LLP are experienced and available to help you. Contact Lisanne L. Mikula Esquire at 610-565-5700, or send her an e-mail at [email protected].
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